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Regarding the "application for recognition of work-related injury", that is, the "declaration of work-related injury" as the saying goes, the "Regulations on the Administration of Work-related Injury" stipulates as follows:
Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.
If you need an employment contract, ask if you can provide other evidence as evidence of the employment contract relationship with the company, such as bank payroll records, attendance records, employee work permits, etc.
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Both the employee and the union can report the work-related injury within one year. If the company does not report, then report the work-related injury by itself, and there is no need to report it to the police.
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If the factory does not sign a labor contract and does not report the work-related injury, it is useless to report the situation to the police, as you said, you can appeal to the local labor arbitration, or you can report the situation to the local labor union.
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If the work-related injury is identified and finally resolved, it is recommended to go to the labor inspectorate
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There is no need to report to the police, this is not under the jurisdiction of the police, and you can apply for labor arbitration.
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You can make your own work-related injury determination.
China's Regulations on Work-related Injury Insurance stipulate that if a worker is injured in an accident, the employer shall apply to the social insurance administrative department of the coordinating area for recognition of work-related injury within 30 days from the date of occurrence of the accident.
If the employer fails to apply for recognition in accordance with the regulations, the worker or his close relatives may apply to the social insurance administrative department of the coordinating area for recognition of work-related injury within one year from the date of the accident.
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Summary. Hello, if you report a work-related injury, you can directly ask the factory for a labor contract. Because according to Article 16 of the Labor Contract Law:
The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. Therefore, to sum up, if you report a work-related injury, you can directly ask the factory for a labor contract. <>
Hello, to report a work-related injury, you can directly ask the factory to work on the contract. According to Article 16 of the Labor Contract Law, the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.
Therefore, to sum up, if you report a work-related injury, you can directly ask the factory for a labor contract. <>
In addition, we need to pay attention to the fact that as long as the employee and the employer have established a de facto labor relationship, they must sign a labor contract within a month of establishing the relationship, and the labor contract has been signed, and the employer must also issue the labor contract to the employee.
Hello, according to Article 18 of the "Work-related Injury Insurance and Zheng Regulations": The following materials shall be submitted to apply for work-related injury determination: (1) Application form for work-related injury determination; (2) Proof of the existence of an employment relationship with the employer; (3) A certificate of medical diagnosis or a certificate of diagnosis of an occupational disease.
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You can call the police, but the police have little effect, and you can complain to the labor inspection brigade. In the event of a work-related injury, if the employer does not apply for a work-related injury determination within 30 days, the victim shall apply within 2 years, and then make a determination of labor ability, and if the employer does not pay the work-related injury benefits, the victim can apply for labor arbitration.
Legal basis: Regulations on Work-related Injury Insurance
Article 17 Where an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.
If the employer fails to submit an application for determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for determination of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located.
Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of these Regulations during this period.
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If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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If the employer does not compensate for the injury caused by the injured employee, the injured employee may promptly collect evidence of the labor relationship, evidence of the diagnosis and treatment of the work-related injury, and evidence of the fact of the work-related accident, and apply to the Labor Dispute Arbitration Commission for arbitration, requesting the employer to compensate in accordance with the work-related injury standard.
Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if a labor dispute occurs, and the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
The company must declare a labor contract, you generally enter the factory are signed between the individual and the enterprise, that is not a contract, if the work injury is declared, it must be in accordance with the labor contract.
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